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A company with sufficient control over the terms of working conditions to permit meaningful collective bargaining can be deemed a joint employer, and an entity doesn't have to actually exercise the authority it has in order to be a joint employer, the NLRB majority said. (Credit: Law360)

NLRB Puts Spotlight On Employers' Business Relationships

The National Labor Relations Board's blockbuster decision on Thursday changing its joint employer standard expanded the universe of entities that could be saddled with unfair labor practice liabilities and bargaining obligations, a move that lawyers say should prompt employers to re-evaluate business relationships with the broader joint employer definition in mind.

  • Newman, Chiasson Fight SG's Supreme Court Cert. Bid

    Todd Newman and Anthony Chiasson, the hedge fund managers whose insider-trading convictions were famously overturned by a federal appeals court in December, both urged the Supreme Court this week not to extend the life of the case just so that the solicitor general could take a stab at a moot point.

  • Tribal Gas Tax Refunds Constitutional, Wash. High Court Says

    The Washington Supreme Court on Thursday rejected a challenge over a state law allowing the governor to negotiate gas tax refund agreements with Native American tribes, shooting down claims that the pacts run afoul of the state’s constitution.

  • EPA's Clean Water Rule Halted In 13 States

    A North Dakota federal judge on Thursday blocked the implementation of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers' rule clarifying the jurisdictional scope of the Clean Water Act in 13 states just one day before the rule was to go into effect, calling the measure "exceptionally expansive." 

  • NLRB Adopts New Test For Determining Joint-Employer Status

    The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

  • 8th Circ. Nixes Jones Day's Training Video Sanction

    The Eighth Circuit on Thursday reversed a lower court's decision to force a Jones Day attorney to make a training video about discovery procedure after allegedly obstructing depositions while representing Abbott Laboratories in a personal injury row, saying the trial judge didn't give appropriate notice before issuing the unusual punishment.

  • Texas AG's Defense Lawyer Quits After Not Guilty Plea

    After Texas Attorney General Ken Paxton on Thursday entered a not guilty plea in state court to three felony charges that he violated securities laws, his lead defense lawyer asked to withdraw from the case, saying it was no longer tenable for him to represent the state’s top lawyer.


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